(B)
"Meeting" means
any prearranged discussion of the public business of this authority by a
majority of its members.

(C)
"Oral
notification" means notification given orally either in person or by telephone,
directly to the person for whom such notification is intended, or by leaving an
oral message for such person at the address, or if by telephone at the
telephone number, of such person as shown on the records kept by the
secretary-treasurer under these rules.

(D)
"Post" means to post in an area
accessible to the public during the usual business hours in the general
reception area at the offices of the authority and at other locations which the
executive director determines are being used by state agencies for such
purpose. A notice identifying the locations at which notifications will be
posted pursuant to these rules shall be published by the secretary-treasurer
within ten calendar days after the adoption of these rules.

(E)
"Published" means published once in a
newspaper having a general circulation in Franklin county, as defined in
section 7.12 of the Revised Code. If at
the time of any such publication there is no such newspaper of general
circulation, then such publication shall be in a newspaper then determined by
the secretary-treasurer to have the largest circulation in Franklin county.

(F)
"Regular meeting" means a
meeting which occurs as a regular meeting in accordance with the by-laws of the
authority.

(G)
"Special meeting"
means a meeting which is neither a regular meeting nor an adjournment of a
regular meeting to another time or day.

(H)
"Written notification" means notification
in writing mailed, transmitted electronically or delivered to the address of
the person for whom such notification is intended as shown on the records kept
by the secretary-treasurer under these rules, or in any way delivered to such
person. If mailed, such notification shall be mailed by first-class mail,
deposited in a U.S. postal service mailbox no later than the second day
preceding the day of the meeting to which such notification refers, provided
that at least one regular mail delivery day falls between the day of mailing
and the day of such meeting.

(A)
The secretary-treasurer shall post a
statement of the time(s) and place(s) of regular meetings of this authority not
later than the second day preceding the day of the first regular meeting
following the adoption of these rules. The secretary-treasurer shall check at
reasonable intervals to ensure that such statement remains so posted
thereafter. If at any time the time or place of regular meetings, or of any
regular meeting, is changed on a permanent or temporary basis, a statement of
the time and place of such changed or regular meetings shall be so posted by
the secretary-treasurer at least forty-eight hours before the time of the first
changed regular meeting.

(B)
Upon
the adjournment of any regular or special meeting to another day, the
secretary-treasurer shall promptly post notice of the time and place of such
adjourned meeting.

(A)
Except in the case of a special meeting
referred to in paragraph (D) of rule
6121-1-14 of the Administrative
Code, the secretary-treasurer shall, no later than twenty-four hours before the
time of a special meeting, post a statement of the time, place and purposes of
such special meeting, except that if all of the members of the authority are
together at one place, an oral call may issue and a special meeting may be
convened immediately and without lapse of time after such call.

(B)
The statement under this rule and the
notification under paragraphs (A), (B), and (C) of rule
6121-1-14 of the Administrative
Code shall state such specific or general purpose or purposes then known to the
secretary-treasurer to be intended to be considered at such special meeting and
may state, as an additional general purpose, that any other business as may
properly come before such meeting may be considered and acted upon.

(A)
Any news media that desire to be given
advance notification of special meetings of this authority shall file with the
secretary-treasurer a written request therefor. Except in the event of an
emergency requiring immediate official action as referred to in paragraph (D)
of this rule, a special meeting shall not be held unless at least twenty-four
hours advance notice of the time, place and purposes of such special meeting is
given to the news media that have requested such advance notification in
accordance with paragraph (B) of this rule.

(B)
News media requests for such advance
notification of special meetings shall specify the name of the medium and the
name and address of the person to whom written notifications to the medium may
be mailed , electronically transmitted or delivered, and the names, addresses
and telephone numbers (including addresses and telephone numbers at which
notifications may be given either during or outside of business hours) of at
least two persons to either one of whom oral notifications to the medium may be
given and at least one telephone number which the request identifies as being
manned, and which can be called at any hour for the purpose of giving such
notification to such medium. Any such request shall be effective for one year
from the date of filing with the secretary-treasurer or until the
secretary-treasurer receives written notice from such medium canceling or
modifying such request, whichever is earlier. Each requesting news medium shall
be informed of such period of effectiveness at the time it files its request.
Such requests may be modified or extended only by filing a complete new request
with the secretary-treasurer. A request shall not be deemed to be made unless
it is complete in all respects, and such request may be conclusively relied on
by this authority and the secretary-treasurer.

(C)
Except as provided in paragraph (D) of
this rule, the secretary-treasurer shall give such oral notification or written
notification, or both, as the secretary-treasurer determines, to the news media
that have requested such advance notification in accordance with paragraph (B)
of this rule, of the time, place and purposes of each special meeting as will
provide for receipt of such notification at least twenty-four hours prior to
the time of such special meeting.

(D)
In the event of an emergency requiring
immediate official action, a special meeting may be held without giving
twenty-four hours advance notification thereof to the requesting news media.
The persons calling such meeting, or any one or more of such persons or the
secretary-treasurer on their behalf, shall immediately give oral notification
or written notification, or both, as the person or persons giving such
notification determine, of the time, place and purposes of such special meeting
to such news media that have requested such advance notification in accordance
with paragraph (B) of this rule. The minutes or the call, or both, of any such
special meeting shall state the general nature of the emergency requiring
immediate official action.

(A)
Any person, upon written request and as
provided herein, may obtain reasonable advance notification of all meetings at
which any specific type of public business is scheduled to be discussed.

(1)
Such person may file a written request
with the secretary-treasurer specifying the person's name, and the addresses
and telephone numbers at or through which the person can be reached during and
outside of business hours, the specific type of public business the discussion
of which the person is requesting advance notification, and the number of
calendar months (not to exceed twelve) which the request covers. Such request
may be canceled by request from such person to the secretary-treasurer.

(2)
Each such written request must
be accompanied by cash, or a check or money order payable to the authority, in
the amount of two dollars for each month covered by the request, which amount
has been determined by the authority to represent a reasonable fee to cover
costs of providing such advance notifications.

(3)
Such requests may be modified or extended
only by filing a complete new request with the secretary-treasurer. A request
shall not be deemed to be made unless it is complete in all respects, and such
request may be conclusively relied on by the authority and the
secretary-treasurer.

(B)
The secretary-treasurer shall give such
advance notification by written notification, or by oral notification, or both,
as the secretary-treasurer determines. The contents of written notification
under this paragraph may be a copy of the agenda of the meeting. Written
notification under this paragraph may be accomplished by giving advance written
notification, by copies of the agendas, of all meetings.

(A)
In addition to
the above provisions, any person may visit or telephone the office of the
secretary-treasurer during that office's regular office hours to determine,
based on information available at that office, the time and place of regular
meetings; the time, place and purposes of any then known special meetings; and
whether the available agenda of any such future meeting states that any
specific type of public business, identified by such person, is to be discussed
at such meeting.

(B)
Any
notification provided herein to be given by the secretary-treasurer may be
given by any person acting in behalf of or under the authority of the
secretary-treasurer.

(A)
Except as otherwise provided by this rule
and not otherwise required to be kept confidential by federal or state law, any
record, report or other information obtained by the Ohio water development
authority ("OWDA") shall be made available to the public upon request.

(B)
All requests to inspect, copy,
or both, public records as defined under paragraph (A) of the rule obtained by
OWDA under this, or any other, chapter of the Ohio Administrative Code shall be
directed to Ohio water development authority in care of its Columbus, Ohio
office.

(C)
Within twenty working
days of receipt by OWDA of a request to inspect and/or copy such public
records, OWDA shall respond to the requestor. The response shall be in writing
if the requestor has made a written request or if the requestor has voluntarily
provided information that allows OWDA to transmit a written response to the
requestor. The response shall advise the requestor as appropriate:

(1)
As to the location of the public records
sought and as to a reasonable time during regular business hours of OWDA at
which the requested items may be inspected; or

(2)
That OWDA does not have in its possession
any public records as identified in the request; or

(3)
That the request is not sufficiently
descriptive to enable OWDA to determine whether OWDA has in its possession the
public records sought; or

(4)
That
the requested records, in whole or in part, contain confidential trade secrets
or other confidential material and are therefore, not subject to disclosure to
the public or may be subject to redaction; or

(5)
To the extent the request seeks copies of
public records, the date such copies will be available and the cost to the
requestor of such copies. If the total cost of the copies requested is
twenty-five dollars or more, OWDA may require prepayment of the copying charge
before the copies are provided to the requestor.

(D)
Any denial of public records requested
shall include an explanation, including legal authority supporting the denial.
If portions of a record are public and portions are exempt from disclosure, the
exempt portions shall be redacted and the remainder released. The authority
shall notify the requester of the redaction or make the redaction plainly
visible. If there are redactions, each redaction shall be accompanied by a
supporting explanation, including legal authority for the redaction.

(E)
Any party who seeks to protect any
record, report or other information, or any part thereof, which, if made
public, would disclose methods or processes entitled to protection as trade
secrets shall, upon submission of the material to OWDA:

(1)
Identify the specific items of
information for which exemption from disclosure is claimed by marking with the
following (or its reasonable equivalent) upon submission to OWDA: "This
material is exempt from disclosure as a public record because it contains
records or information relating to secret processes or secret methods of
manufacture or the release thereof is otherwise prohibited by state or federal
law;"

(2)
Identify the specific
legal ruling, law or section thereof under which the release of such specific
items of information is prohibited; and

(3)
Agree to indemnify and hold harmless the
OWDA, its agents, officers, members and independent contractors from and
against any and all damages, losses, costs, claims and liabilities, including
attorneys' fees, arising out of or otherwise incurred by the OWDA in connection
with any claim by any person that any specific items of information, or any
parts thereof, withheld from disclosure are subject to disclosure under the
provisions of Ohio or federal law. The party shall indemnify and hold harmless
OWDA as provided in the preceding sentence whether or not the party ultimately
prevails on its claim that the information is exempt from disclosure as a
public record. At the request and in the sole discretion of the OWDA, the party
shall undertake the defense of any claim that any information is exempt from
disclosure as a public record.

(F)
Notwithstanding the foregoing, OWDA shall
give ten days' written notice to any party with specific items of information
that have been requested pursuant to paragraph (B) of this rule, prior to
responding in writing to the requestor pursuant to paragraph (C) of this rule.

(G)
In the event material
submitted to OWDA prior to the effective date of this rule is deemed
confidential by the party submitting such material, upon receipt of
correspondence from OWDA with respect to a request pursuant to paragraph (B) of
this rule, the party shall comply in writing, or agree to comply by affidavit,
with paragraph (D) of this rule.

(H)
"Trade secret" means information,
including the whole or any portion or phase of any scientific or technical
information, design, process, procedure, formula, pattern, compilation,
program, device, method, technique, or improvement, or any business information
or plans, financial information, or listing of names, addresses, or telephone
numbers, that satisfies both of the following:

(1)
It derives independent economic value,
actual or potential, from not being generally known to, and not being readily
ascertainable by proper means by, other persons who can obtain economic value
from its disclosure or use.

(2)
It
is the subject of efforts that are reasonable under the circumstances to
maintain its secrecy.